Can someone enforce CC&Rs that are not recorded against my home?

CC&RS that are no longer in effect cannot be enforced. It is very unusual that CC&Rs would 'expire' as they are recorded at the same time the subdivision map is recorded and 'run with the land' in perpetutiy, unless rescinded by a super majority of the property owners in the subdivision. If no one is actually taking an action against you, and you have not heard of any such enforcement of CC&Rs in the past 20 years, and you are not presently selling or planning to sell your property, there's probably nothing to worry about. If you want to be sure now, you can obtain a preliminary title report from a title company and confirm the existence or validity of these CC&Rs. Or, you can take the papers you have to a local real estate attorney for specific advise. Richard A. Rodgers, Esq. (805) 230-2525 200 N. Westlake Blvd. Ste 201 Westlake Village, CA 91362 [email protected] www.sdresq.com

While your question seems like the answer could be a simple one, it may not be. Servitudes, easements and other potential clouds on your title can be asserted and it could take a court determination as to whether or not they are enforceable. You should contact an attorney and if the document was recorded and affects your property, you should be prepared to make a claim against your title insurance company.

You need to review the CC&Rs carefully to see if they have an expiration date. If they do, you need to check what they say about extending them. Then look at the doucment your neighbor has and see if it complies with the CC&Rs requirements, including whteher it was extended and recorded in a timely fashion. If it does, you need to see what the CC&Rs say about who can enforce them -- often other properties benefited by the CC&Rs can enforce them (as servitudes or CC&Rs) without the need for an HOA. Consider also that if the CC&Rs have not been enforced for decades, circumstances may have changed or they may have been unenforceable by generally allowing everyone to violate them.